Problem/Objective: Literally hundreds of thousands of individuals are sickened or die as a result of a cigarette-caused injury each year in the United States. Courts have a difficult challenge in finding ways to address the enormity of the harm.

Methods: Traditional legal research and analysis was used to examine the history of individual and class action lawsuits against tobacco companies seeking redress for personal and property injuries such as products liability individual actions and consumer fraud class actions.

Results: Despite the promise that class actions have in addressing a high volume of claims, individual actions have been considerably more effective in holding cigarette manufacturers legally liable for the harm their products cause. However, a vast number of hybrid cases to be filed this year that deal with individual issues but where common liability already has been established present a unique challenge to the Florida courts and may point the way to a high volume of individual cases in other states.

Conclusions: Although the promise of massive class actions disabling the business practices of the tobacco industry is enticing, individual actions may produce a “death from a million cuts” result that would truly transform the tobacco industry.